MBusiness App

This privacy policy only applies to the MBusiness application downloadable from the App Store/Google Play for Apple, Android or compatible devices.

1. Our commitment

Within MECALAC, (“MECALAC” means each of the entities of the group, including its subsidiaries), hereinafter referred to as the “Publisher”, we attach great importance to your privacy and ensure the confidentiality, protection, integrity and security of the personal data you entrust to us through all of our communication channels.

We collect your personal data when using our MBusiness application hereinafter referred to as the “Application”.

The purpose of this Charter (hereinafter referred to as the “Charter”) is to explain to you which information we collect, for what purposes, how long we keep it, who the recipients are, to whom we transfer it and what protection measures are implemented, in accordance with the General European Regulation on the Protection of Personal Data (GDPR) and the Data Protection and Freedoms Act adopted in France.

1. Definitions

“Personal data” means any information relating to an identified or identifiable natural person, such as his or her name, contact information, sex, social security number, image, biometric or genetic data in accordance with Article 4 GDPR (hereinafter referred to as “Data”).

“Data processing” is defined by any operation carried out on personal data, whether or not it is carried out using automated processes. Processing encompasses everything that can be done with data, such as the collection, registration, retention, modification, extraction, use, transmission, dissemination, erasure or destruction of personal data in accordance with Article 4 GDPR (hereinafter referred to as “processing”).

2. Controller

The person responsible for the processing of your Data within the meaning of the GDPR is:

• MECALAC France SAS
• Company by Shares Simplified to share capital of EUR 4568600
• Registered in the Register of Commerce and Companies of Annecy under number 422 483 214 00017
• Registered office: MECALAC France SAS, 2 avenue du pré de Challes, CS40230, 74942 ANNECY Cedex, France
• Email: contact[at]mecalac.com
• Telephone: +33 (0)4 50 64 01 63

With this Charter, MECALAC undertakes, as Data Controller and within the framework of the processing for which it has determined, the purpose and means to process your personal data with all the care required and exclusively for the purposes for which it was collected, in accordance with the principles of the General Data Protection Regulation of the European Union No.2016/679 (hereinafter “GDPR”) and more broadly with all the legal provisions concerning the protection of personal data in force in France.

3. How do we collect your data and for what purposes?

Your data is collected and used by the different entities of the MECALAC group solely for specific and legitimate purposes and communicated to you.

The purposes for processing your personal data are described and defined at the time of the data collection.

The main purposes for which your Data is collected are as follows.

A. Access to the Application

Access to and use of the application is for the exclusive use of Mecalac dealer customers.

B. Content of the Application

All trademarks, photographs, documents, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate this Application and more generally all elements reproduced or used on the Application are protected by the laws in force with regard to intellectual property.

They are the full and complete property of the Publisher. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of such use and waiver of proceedings.

C. Management of the application

For the proper management of the Application, the Publisher may at any time:

• suspend, interrupt or limit access to all or part of the Application, restrict access to the Application, or to certain parts of the Application, to a specific category of users;
• delete any information that may disrupt the operation of the Application or contravene national or international laws;
• suspend the Application in order to carry out updates.

4. What categories of data are collected?

We collect only relevant and necessary data.

The personal data that we collect is only the data necessary to achieve the purposes of the treatments implemented. We are committed not to collect more data than necessary.

When you decide to provide us with some of your personal data through the collection forms on our Application the fields to be filled identified by an asterisk are mandatory in that it is the information strictly necessary to access the services to which you wish to subscribe (subscription to newsletters, registration on the Application, creation of an account for an online order, etc.).

The personal data collected from users is intended to provide and improve the services of the Application and to maintain a secure environment. The legal basis for the processing is the execution of the contract between the user and the Application. More specifically, the uses are as follows :

• access and use of the Application by the user;
• management of the operation and optimisation of the Application;
• implementation of user support;
• verification, identification and authentication of data transmitted by the user;
• prevention and detection of fraud, malicious software and management of security incidents;
• management of possible disputes with users.

5. Shelf life-Delete

Your Data is deleted as soon as the purpose of its processing has ceased, no longer exists or you request its deletion, or exercise your right of opposition.

Your Data is also deleted upon expiry of the retention periods mentioned, unless it is necessary or legitimate to keep the Data for the signature, performance, or termination of a contract, for the exercise of legal rights or you have given your express consent to keep it.

In particular, it is specified that the personal data may be the subject of intermediate archiving so that we are able to meet our legal, fiscal and accounting obligations, such as the obligation to keep invoices for a period of 10 years.

6. Is your data shared with third parties?

At first, only our employees are required to process your Data. They are obliged to respect the confidentiality of the Data and are regularly trained in data protection and security.

However, in order to fulfil the purposes indicated above, access to your personal data must be allowed to identified third parties whom we use to offer you certain services, i.e.:

• The entities of the MECALAC group,
• Technology service providers, IT...
• Suppliers and collaborators of services related to the marketing and advertising of our products and services.

The list of the different recipients of your personal data is available by requesting it from: contact[at]mecalac.com

In any event, each transfer of personal data is governed by contractual arrangements, and we require recipients to act only in accordance with our instructions and the law in force, and that they take all necessary technical and organisational measures to ensure the confidentiality, integrity and security of your personal data.

In any event, your personal data will never be sold, shared, disclosed or transferred in any form to an unidentified third party for its own purposes, including commercial or marketing.

8. Data Transfer

The Data collected will not be transferred outside the European Union, unless your area of residence or operation of your activity is outside the European Union.

In the latter case, MECALAC shall take all necessary measures and precautions with its subcontractors and partners in order to guarantee an adequate level of protection of your data to the European regulation (signature of the “standard contractual clauses” of the European Commission or submission to binding internal rules approved by the national authorities etc.).

9. How is the security of your personal data ensured?

MECALAC protects your personal data by putting in place means of physical, legal, technical and organisational security in order to prevent unauthorised access, improper use, disclosure, loss or destruction of your personal data.

Since the Internet is not a completely secure environment, we cannot guarantee, despite the measures we have put in place, the complete security of the personal data transmitted via our Application. It is your responsibility, when you use our Application, to ensure that the device you use is adequately secured and protected against malware such as Trojans and viruses.

You are informed that without adequate security measures (examples: secure configuration of your device, update of anti-virus programs, firewall software, non-use of software from doubtful sources, etc., you run the risk that the data and passwords you use to protect your data can be disclosed to unauthorised third parties.

We also invite you to carefully choose your password which must be complex and keep it strictly confidential.

10. What rights do you have?

In accordance with the law of 6 January 1978 known as the amended Data Protection and Freedoms Act, and the GDPR, you have the following rights:

• The right to object, for legitimate reasons, and in the light of your personal situation, against processing of your personal data other than those to which you have consented. In this case, we will cease processing your Data unless the processing is to be continued for legal reasons or for the exercise or defence of our rights in the context of any legal/judicial complaints.

We undertake to take into account your requests to discontinue the processing of your data, except for legitimate and compelling reasons for the processing that would prevail over your rights and freedoms, or for the exercise or defence of rights in court.

• The right to inform you about the processing of your personal data;
• The right of access: Subject to certain conditions, you may obtain information about the processing of your data by MECALAC as well as a copy of your personal data being processed;
• The right to rectify, update or delete all or part of said data. We undertake to process your requests for correction as soon as possible if the personal data we hold about you is inaccurate. We also undertake to process, as soon as possible, requests for partial or total erasure of your data, in accordance with Article 17 of the European Union General Data Protection Regulation (right to be forgotten);
• The right to withdraw your consent, where the legal basis for processing is your consent.
• The right to limitation of treatment: We undertake to process your requests for limitation of processing, under the terms of Article 18 of the General Data Protection Regulation of the European Union. In this case, we retain your data but no longer process it except your consent, or for the recognition, exercise or defence of legal rights;
• The right to portability of your data: We undertake, at your request, to provide you with the personal data you have provided to us in a structured, commonly used and machine-readable format. This right to portability applies only to the data you have provided, where the processing is based on your consent or contract and is carried out using automated processes;
• The right to “digital death”: In accordance with the Law for a Digital Republic, you can provide us with instructions on the retention, erasure and disclosure of personal data concerning you after your death. These directives may be entrusted to a “digital trusted third party” certified by the CNIL, when they are general, or directly to us when they are specific to processing for which we are responsible. In the absence of a designated person, your heirs will have the opportunity to exercise certain rights, including the right of access, for the purposes of the settlement of the estate, and the right of opposition to proceed with the closure of your accounts.
• Right to lodge a complaint with a supervisory authority:
• • CNIL (for France)
  • Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit (for Germany)
  • The Bureau of the Inspector General for the Protection of Personal Data — GIODO (for Poland)
  • The Information Commissioner’s Office (for the United Kingdom).

In case of difficulty regarding the processing of your personal data that we carry out, we invite you first to contact us. If you believe that your rights have not been respected, you can file a complaint with the CNIL.

You can exercise your rights by contacting us at one of the following addresses:

• Email: contact[at]mecalac.com
• By post: MECALAC France sas, 2 avenue du pré de Challes, CS40230, 74942 ANNECY Cedex, France

In order to ensure that your application is dealt with as efficiently as possible, remember to:

• inform us of the processing related to your request
• inform us of the right(s) you wish to exercise
• provide us with a copy of your proof of identity (so that we can verify that the applicant is the person affected by the processing).

11. Amendments and updates to the Charter

By using the Application, you agree to the collection, use and disclosure of your information in the manner described in this Charter. This Charter reflects the professional practices in force within MECALAC, and can be amended and updated at any time.

We invite you to refer to each new visit to our sites in order to read the latest version available at all times.